EU warned ‘illegal’ asylum laws will face court challenge

HUMAN rights organisations, including Amnesty International, are warning EU Justice Ministers against agreeing new rules on asylum seekers that will breach of international law.

The organisations expect any such laws to be challenged in the courts and have pledged to support such challenges.

Justice Minister Michael McDowell will chair a meeting in Luxembourg today where ministers will try to agree a set of minimum standards that will apply to all member states in relation to refugees. The meeting could go into tomorrow in an effort to meet the May 1 deadline for agreement.

However, Amnesty, Human Rights Watch and the European Council on Refugees and Exiles, which represents 76 organisations across Europe, say the likely directives breach international laws, including the Geneva Convention, on the protection of refugees.

They believe they are wide open to being abused by national governments and say it would allow countries to deny refugees protection in the EU.

The tough procedures are being pushed for by Britain and Germany in particular.

The human rights groups are particularly worried by provisions to allow states to automatically send back asylum seekers to so-called safe third countries without considering their cases.

They also condemn proposals that deprive asylum seekers of the right to appeal such decisions, saying they also breach of international standards and the Geneva Convention.

“This constitutes a clear breach of member states’ obligations under the European Convention on Human Rights and the UN Refugee Convention,” a statement from the group warned.

The ministers intend to draw up a list of countries considered to be safe and to which people can be sent back to if they passed through them on their way to EU countries.

They will also compile a list of countries whose nationals will not even be considered for refugee status.

Dick Oosting of Amnesty International said the group will monitor how each country adopts the legislation. If they enforce the minimum standards of the EU directive, he expects a challenge in the courts.

“We will support any efforts to challenge before the courts the compliance of these measures with international refugee and human rights law,” he said.

The directive can also be challenged by the European Parliament before it becomes law and MEPs can refer it to the Court of Justice in Luxembourg.